To: Festus G. Mogae, Head and Chairman of JMEC, IGAD Office Juba Republic of South Sudan.
Subject: A letter of Rejection Presidential Order No36/2015 AD of President Salva Kiir for the establishment of 28 states on 2nd October 2015 and the appointment of 28 state governors on 24th December 2015 in South Sudan and in upper Nile state respectively.
Your Excellency, Mr. Festus G. Mogae, the Chairman of JMEC,
We, the Chollo community Council comprising of representatives Of Community Leaders, Church Leaders, Women group, Youth group, Intellectuals and civil society representatives in Khartoum state and other States in the Sudan, are hereby rejecting the Unconstitutional Presidential Order No 36/2015 AD issued by President Salva Kiir Mayerdit on Friday on 2nd October 2015 for the Establishment of28 States in South Sudan and the appointment of 28 state Governors on 24th December 2015 which is a violation of article numbers 162, 164 and 165 in the transitional Constitution of the Republic of South Sudan of 2011.
Our Rejection and protesting is based on the following reasons:
1:1 In his Order Number 36/2015AD, President kiir annexed Chollo Community Land with its existing and established villages along both Sobat river and the White Nile River on the Eastern bank including Malakal the capital town of Upper Nile Stat to Dinka Padang in Upper Nile state.
1:2 All The Land and the existing villages which have been taken and given to Dinka Apadang along Sobat river and along the White Nile River on the Eastern bank including Malakal which belong to Chollo Community since the British Rule in Sudan based on the land demarcation and the borders of 1956 of the Eight Districts of Upper Nile by then.
Later on when the Malakal was raised to be the province Head Quarters of Upper Nile the borders of the eight Districts remained the same without re–demarcation. Similarly when the ten states were established and created in South Sudan there were no alteration in the borders within the counties and among the respective states.
1:3 In this regards the borders of the Chollo Community Land along the Sobat and the White Nile on the Eastern Bank had remained without any alteration in the borders between Chollo Community Land and the Dinka Community land in upper Nile.
1:4 Now, it is very clear that the motive behind President Salva Kiir order No 36/2015 is to make Chollo Community who are living on the Eastern bank of the white Nile river and Sobat River become internally displaced, refugees, and vulnerable because they will have no land of their own any more.
1:5 This Presidential order NO.36/2015 issued by president Salva Kiir is completely depriving and denying Chollo community from exercising and practicing their cultural, social, and economic activities on their own land.
1:6 This act by itself is a violation of fundamental human rights of chollo community, knowing the importance of land in providing people with settlement, livelihood and wealth.
1:7 Taking a way Chollo community ancestral land by President Salva Kiir by force and give it to Dinka Padang will definitely result in endless tribal fighting and war between the two neighboring communities who have been living peacefully for number of years.
1:7 In this regards, Chollo Community Council urges you, Mr. Chairman, IGAD Plus, and the Secretary General of the United Nations, Troika (USA, Norway and UK) to request President Salva Kiir to reverse his establishment Order no 36/2015 for creation of 28 states and the appointment of his 28 state governors in order to save the Peace Agreement for Conflict Resolution in South Sudan from being collapsing and to save South Sudan from being drawn into ethnic and tribal war.
1:8 This will save the Country – South Sudan from collapsing and being drawn into hostile tribal entities. It will also stop the unnecessary bloodshed between the Chollo and Dinka Padang communities in Upper Nile in particular and South Sudan in General.
1:9 It is necessary for President Kiir to nullify order no 36/2015 and return Chollo community land to its rightful owners for lasting peace to prevail in Upper Nile State and all over South Sudan.
Samson Oyay Awin
The chairman of chollo community council, Khartoum, Sudan, date: 5/1/2016
CC: The Secretary General of the United Nations, New York, USA.
CC: Troika member Countries (USA, NOWAY and UK)
CC: Chair Person of European UNION, BRUSSEL, Belgium
CC: Chair Person of Human Right, Geneva, Switzerland